LAGOS JUDICIARY COMMENCES COURT DECONGESTION PROCESS
. . . Set to explore Alternative Dispute Resolution for longstanding cases
Lagos State Judiciary has commenced the process of decongesting the High Courts of old cases by identifying about 376 cases dating back more than 20 years and reviewing them for possible Alternative Dispute Resolution (ADR).
The Chief Judge, Justice Opeyemi Oke, who disclosed this today at a Press Briefing held to announce the commencement of the court decongestion process, said the move was not just to decongest the courts, but also to ensure speedy dispensation of justice in the State.
She said the fact that the Lagos judiciary has the highest number of pending old cases was not heartwarming.
In her words, “It is on record that the Lagos State Judiciary has cases that date back to 20 years and beyond. This image, if it persists, is hazardous to the economic well-being of the State and Nigeria ultimately”.
“In fact, President Muhammadu Buhari, while declaring open the Bi-Annual Conference of All Nigeria Judges of the Superior Courts organized by the National Judicial Institute, Abuja last year, noted the fact that Lagos State Judiciary has the highest number of pending old cases. This situation apparently damages the brand of a “Global Lagos” and one which I do not intend to see continue. Global Lagos requires and truly deserves a world class judicial system”, she declared.
To correct the situation, Justice Oke said the State judiciary will undertake a review of all pending matters on a case-by-case basis for the purpose of determining the suitability of each case for Alternative Dispute Resolution (ADR).
The Chief Judge said the review of the 376 cases had been classified into three categories, namely: Inefficient Case Management by Counsel which accounts for 45per cent; Court Indisposition and Interlocutory Appeals accounts for 20 percent while the cause of delay of the outstanding 35 percent has been ascribed to other factors which include numerous indulgent interlocutory applications.
Others reasons adduced for delays include Courts Multiplicity of interlocutory applications, Long adjournments, Trial having to commence de novo when a Judge is elevated or retires.
While acknowledging that the review would identify the probable causes of delay, she disclosed that certain remedies have been put in place to eradicate the delays impeding the progress of the cases.
She stated for instance that trials need not commence de novo again, as options shall be included in new rules to allow judges to rely on the certified transcript of trial proceedings already commenced or completed before the elevation or retirement of a judge as well as new practice direction that will guide and regulate the court decongestion process.
Justice Oke said an ad-hoc task force committee on old cases led by Justice S.B.A Candide-Johnson has been constituted in furtherance of the backlog elimination programme (BEP), adding that a good number of law firms have also volunteered to participate in the forensic screening of the old cases.